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External Relations with Private Parties, Introduction

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Chapter Summary

Intergovernmental organizations (IGOs), like States, have commercial and other relations with private parties, where the organization acts in the same manner as a private party (jure gestionis). While internal relations, including relations with officials, are governed by the internal law of the organization, external relations jure gestionis are governed by national law, unless circumstances point towards the application of the internal law of the organization or international law or general principles of law. This chapter discusses the question of which law governs the external relations of IGOs jure gestionis in a general manner. Conflict of laws is not international law. Each State develops its own conflict of laws-by legislation, practice, etc. The chapter concentrates upon certain general problems-which arise in many or all legal fields - and upon a few important special cases which illustrate such general problems.

Keywords:external relations; intergovernmental organizations (IGOs); international law; national law; private parties

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